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Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458.......udgment AM Mahmudur Rahman J.- This is an application under Article 102 of the Constitution impugning the order dated 21‑5‑1998 of the Review Committee constituted under section 193C of the Customs Act, 1969. 2. The petitioner imported vegetable tanning extracts under HS Code No. 320.90 fr......inal assessment. (4) No fee shall be payable for an appeal under this section." 4. It could not be contended by the learned Advocate that the constitution of the review committee is without any lawful authority or it acted in directing to impose customs duty on the basis of tariff value withou..

Category: Fiscal/Taxation Law | Date: | Hits: 138

Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)

....he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ......��……………Respondents Judgment July 2, 1998. Result: The Rule is made absolute. Lawyers Involved: AK Mujibur Rahman, Advocate ‑ For the Petitioners. MA Rouf, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 355 of 1988. Judgment Kazi Ebadul......ar to contest the Rule. So, it is difficult to ascertain the truth or otherwise of the allegations made against the complainant regarding misuse of his official position. However, let us consider the law point raised by the learned Advocate for the Petitioners. It appears from paragraph 7 of petitio..

Category: Criminal Law | Date: | Hits: 75

Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)

....n law in returning the plaint without holdings any enquiry to ascertain the correct valuation of the suit in terms of sections 8C and 8D of the Court‑fees Act and the same has occasioned failure of justice. 4. No one appears to oppose the Rule. Mr. Khan has placed before me the impugned orde......pugned order illegally and arbitrarily and the same has resulted in error in the impugned decision occasioning failure of justice. The submissions made by the learned Advocate for the petitioners are accordingly sustained. In the result, the Rule succeeds and it is made absolute without any order...... J Didar Ali and others………………Petitioners Vs. Naziur Rahman………………Opposite Party Judgment May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali Vs. Banares Silk Industries and ......g Advocate for refiling the same with correct valuation of the suit. 3. Mr. AS Md. Ramzan Khan the learned Advocate appearing for the petitioners, submits that the learned Assistant Judge erred in law in returning the plaint to the plaintiff‑petitioners without recording any finding to the effe..

Category: Procedural Law | Date: | Hits: 81

Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)

....thout reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge of the Court of appeal below failed to consider that the suit p......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ......��………………..Petitioner Vs. Rahima Begum and others...........................Opposite Parties Judgment December 18, 2008. Result: The Rule is discharged Cases Referred to- Laxmi Kanta Roy Vs. Upazila Nirbahi Officer, 46 DLR 136; Nittya Gopal Roy Barman Vs. Pran Gop......to prove his right, title and possession in the suit land but without reversing those findings of facts the learned Judge of the Court of appeal below, decreed the suit, thereby committed an error of law, resulting in anenor in the decision occasioning failure of justice. Secondly, the learned Judge..

Category: Property Law | Date: | Hits: 98

Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)

....rom his age as given in Matriculation Certificate (Exhibit 1) and not from the affidavit (Exhibit 3) 13. Thus, I find that the learned appellate Court committed error in law occasioning failure of justice in allowing the appeal by the impugned Judgment and decree which are liable to be set aside.......Com teacher, in course of time, he became senior teacher and he was included in the Government MPO Register on 1-1-1981 and his index No. is 110555 and his Institutional Code No. is 07011101205. That accordingly, in all registers his date of birth was recorded as 3-1-1945 and that in the office of t......�….Petitioner Vs. Md. Monir Hossain Patwary and others...............................Opposite Parties Judgment July 14, 2009. Result: The Rule is made absolute. Cases Referred to- 42 DLR 533; 46 DLR 268; 1 BLC 375. Lawyers Involved: Abul Kalam Patwary Advocate - For ......his Matriculation Certificate of the year 1961, and the learned trial Court having considered all these papers and documents having decreed the suit, the learned appellate Court committed an error in law in allowing the appeal without considering at all this aspect of the case. No one appears to opp..

Category: Employment/Service Law | Date: | Hits: 158

State Vs. Azam Reza, 2008, 37 CLC (HCD)

....on of the head of the deceased which resulted her instantaneous death. The accused has three minor children and an invalid first wife. In view of these facts and circumstances we are of the view that justice will be met if the sentence of death awarded to the accused is commuted to imprisonment for ......sed and rightly convicted and sentenced him. She (the Deputy Attorney-General) adds that for non-examination of the maids and others of the house of the accused is not fatal for the prosecution. Thus according to her there is no ground for interference with the Judgment and order of conviction and s......ppellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dismissed. Cases Referred to- Abdul Motaleb Howlader Vs. State, 5 MLR (AD) 362 = 6 BLC (AD) 1, Elais Hossain Vs. State, 54 ......owledge. So he is under obligation to explain know the deceased died. The explanation given by him that the deceased committed suicide by hanging has been proved false. Under the settled principle of law he explanation of death of the deceased given by the accused being proved false and there is no ..

Category: Criminal Law | Date: | Hits: 114

Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)

....assailed the impugned Judgment and decree passed by the appellate Court on various counts, specially on the ground that the appellate Court committed error in the decision which occasioned failure of justice, inasmuch as the appellate Court did not categorically reverse the finding of the trial Cour......er strenuously argued that the appellate Court correctly considered that the Exhibit No.1, the impugned Bainapatra, has been admitted correctly in evidence by the trial Court as a proved document and accordingly, finding the same is in insufficient stamp paper, impounded the same under the provision......and others……………….Petitioners Vs. Ibrahim Molla and others………………..Opposite Parties Judgment May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Bashiruddin @......der of the appellate Court, paid the impounded stamp duty of the Bainapatra. Contrary to such argument the plaintiff appellant-opposite-party contends that a series of decisions of this Court and the law itself provides that once a document is admitted into evidence, rightly or wrongly, the same can..

Category: Procedural Law | Date: | Hits: 120

Hefzur Rahman (Md) Vs. Shamsun Nahar Begum and another, 1995, 24 CLC (HCD)

.... Taka. 1000.00 each per month from the defendant-petitioner Md. Hefzur Rahman till respectively she remarries and he attains majority. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 54. ......irmly grounded in knowledge say: "We believe in the Book, the whole of it is from our Lord": and none will grasp the Massage except men of understanding." (Third Sura Al Imran, verse 7). 10. Thus, according to Quran as quoted above, its verses are "easy to understand." That is to say Quran prescr......titioner Vs. Shamsun Nahar Begum and another………………………………………Opposite Party Judgment January 9, 1995. Result: The Rule is disposed of. Cases Referred to- Aga Mahomed Jaffer Bindanim Vs. Koolsoom Beebee and others, ILR 25 Cal 9; Mst. Rashida Begum ......ouncil did not follow that clear text of Quran as quoted above first by us, "Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence", as against the law in the subject stated in Hedaya and by Baillie and quoted above by us on the reasoning that thei..

Category: Family Law | Date: | Hits: 528

Ekram Ali Fakir and three others Vs. Abdus Samad Biswas, 1994, 23 CLC (HCD)

....f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ......f the Court of appeal below. Let a copy of this order be sent to the Sessions Judge, Jessore, for information and necessary action. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 53. ...... Not represented-the Opposite party. Criminal Revision No. 370 of 1994. Judgment Badrul Islam Chowdhury J. - The delay of 61 days in preferring this revisional application has been satisfactorily explained and therefore the same is condoned. Register the petition as a revisional applicati......nt is no judgment at all. 4. In the facts and circumstances stated above I am of opinion that the appeal should be sent back to the Court below for delivering a proper judgment in accordance with law. There is no need to issue a Rule in a case like this. Accordingly, this revisional application ..

Category: Criminal Law | Date: | Hits: 85

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

.... people and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement in different daily newspapers that they would not attend the budget session till fulfillment of their demand. Demand of justice notice was issued to the respondents but only respondent No. 3 made a reply but refused to a......laration is required by this Court. Whether a member of the Parliament is absent without leave or not it is the Speaker and the Parliament Secretariat to decide competently. It is further stated that according to the supplementary affidavit respondent Nos. 3‑5 have already ceased to be members of ......…………………………Petitioner Vs. Speaker of Bangladesh Sangsad Bhavan and others ………………Respondents Judgment December 11, 1994. Result: The writ of quo warranto is allowed. Cases Referred to- Bradlaugh Vs. Goasett, 12 QBD 273; Fazlul Kader Chowdhury Vs....... 4 Mr. Moudud Ahmed has stated in the affidavit-in-opposition to the supplementary affidavit filed by the petitioner that if the respondent No. 4 has ceased to be a member of the Parliament then the law will operate on its own motion and the Speaker and the Parliament Secretariat are the authoritie..

Category: Constitutional Law | Date: | Hits: 344

Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)

....ndicate confirmed the constitution of the Selection Board on 29-12-96. The petitioner stated that the Constitution of the Selection Board is against all norms, ethics, equity and principle of natural justice. The petitioner also stated that the Syndicate included the members of the Selection Board f......remedy by way of appeal from any order of any officer or class of authority of the University affecting any person or class of persons in the University by a petition to the Chancellor. The Syndicate according to Article 19 of the Dhaka University Order, 1973 is an authority. And according to Articl...... Petitioner. Shafique Ahmed, Advocate - For the Respondents. Writ Petition No. 864 of 1997. Judgment AM Mahmudur Rahman J. - The petitioner obtained this Rule calling upon the respondents to show cause as to why resolution dated 12-11-96 constituting Selection Boards for recommending app......-11-96 constituting Selection Boards for recommending appointment of Assistant Professors and Lecturers of the University of Dhaka in various subjects should not be declared to have been made without lawful authority and is of no legal effect. 2. The petitioner, Nurul Amin Bepari, a professor of ..

Category: Employment/Service Law | Date: | Hits: 228

State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)

....charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......n customers of the bank. 24. Now with regard to withdrawal of Taka 1,882.50 from the account of P.W.2 we find that a previous understanding existed between this P.W.2 and the accused appellant and according to that understanding, the accused Manager withdrew the amount of Taka 1,882.50 from the a......ohiuddin………………Appellant Judgment May 7, 1996. Result: The appeal is allowed. Lawyers Involved: Syed Ziaul Karim, Advocate ‑ For the Appellant. SA Hasan, Assistant Attorney‑General ‑ For the State. Criminal Appeal No.2257 of 1994. Judgment Syed JR Mudas......ed in the year 1989 and charge sheet was submitted on 17‑3‑91, argued that the delay in lodging the FIR has made the Prosecution case shaky and doubtful and furthermore the mandatory provision of law as contemplated under section 5A of the Criminal Law Amendment Act, 1958 has been violated as th..

Category: Criminal Law | Date: | Hits: 99

Indu Mod Howlader Vs. Additional Deputy Commissioner and others, 1997, 26 CLC (HCD)

.... in 1980 is illegal and inoperative. But the appellate Court below having failed to appreciate the aforesaid legal position while dismissing the suit has committed an error of law occasioning fail of justice. In the result, the Rule is made absolute and the impugned judgment and decree dated 174�......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444.......………Petitioner Vs. Additional Deputy Commissioner and others………………Opposite Parties Judgment August 13, 1997. Result: The Rule is made absolute. Cases Referred to- HM Soya & Co. Vs. Wazir Ali Industries Ltd., 21 DLR (SC) 50; Abul Khayer Miah being dead ......8. Mr. M Shamsul Alam, the learned Advocate appearing for the plaintiff‑petitioner, strenuously argues that since the Additional Deputy Commissioner, (Revenue), Barisal neither appeared through any lawyer by filing vokalatnama nor contested the suit by filing any written statement, he was not comp..

Category: Property Law | Date: | Hits: 84

Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1997, 26 CLC (HCD)

....nate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may make such order in the case as it thinks fit. Here in the prese......rupt practice or illegal practice is made be added as respondents in the petition and when the Returning Officer and Assistant Returning Officer were made parties the petition cannot be maintained as according to the learned Advocate it is the violation of the mandatory provision of Article 50 of th......ate Md. Abdul Hamid……………Petitioner Vs. Md. Fazlur Rahman………………Opposite Party Judgment November 19, 1997. Result: The application is rejected. Cases Referred to- Mohan Raj Vs. Surendra Kumar Taparia and Others, AIR 1969 (SC) 677; Udhay Singh Vs. Madhav Ra......record of any case which has been decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law resulting in error in the decision occasioning failure of justice, the High Court Division may m..

Category: Election Law | Date: | Hits: 247

Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....y of State for Home Affairs (1969) 2 Ch 149, a case of immigration. The point, among others, was whether there is any ground for saying that the Home Secretary did not observe the precepts of natural justice. Lord Denning MR agreed that (Page-170 CD):— "Where a public officer has power to de......ecision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important co...... Vs. Jahangir Alam & others………………….....Respondents (In Civil Appeal No. 44 of 2010) Judgment February 2, 2011. Result: The appeals are dismissed. Cases Referred to- Schmidt Vs. Secretary of State for Home Affairs (1969) 2 Ch 149; O'Reilly Vs. Mackman (1983)2......4040, 7081, 7963 and 8880 of 2007). Judgment ABM Khairul Haque CJ. - These appeals are all heard together and disposed of by a single judgment since those involved similar questions of fact and law. 2. These appeals involve the question as to whether the work-charged temporary employees o..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

....infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ...... land is the periphery of Ailchara Bazar and the Upazila Parishad after declaring the same so took over possession thereof and started leasing out the same to the people and realising the lease money accordingly, so the plaintiff cannot have any legal right to demand the amount of tolls collected by......issed. Lawyers Involved: Qumrul Islam Siddique, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. None represented—For Respondents. Civil Petition for Leave to Appeal No.1810 of 2009. (From the judgment and decree dated the 22nd day of June, 2009 passed ......fendants; hence this petition for Leave to Appeal to this Division. 9. Mr. Qumrul Islam Siddique, learned Counsel, appearing for the petitioner, has submitted that the High Court Division erred in law in passing the impugned judgment and decree inasmuch as it, being the last Court of fact, did no..

Category: Property Law | Date: | Hits: 105

Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)

....cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ......No.1. Defendant No.1 and plaintiff No.2 were issueless. The plaintiff No.1 was taken as a foster son by the plaintiff No.2 and defendant No.1 and he was married by them, the plaintiff No.1 was living together in the same house with his foster parent. Plaintiff No.2 Sultan Ahmed due to his illness lo......e trial Court dismissed the suit on the point of limitation and as the lower appellate Court found that the Munsif committed some error in deciding the question of limitation it committed an error of law in dismissing the appeal on merit without sending the case on remand to the trial Court. Secondl..

Category: Property Law | Date: | Hits: 86

Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)

....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312.......l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312....... Sowdagar.......................Appellant Vs. Aminul Huq & ors..........................Respondents Judgment January 25, 1989. Result: The Appeal is dismissed. Cases Referred to- Pathana Vs. Mst. Wasai and another, 17 DLR (SC) 47; Mussummat Durga Choudhrian Vs. Jawahir S...... in that while reversing the finding of the trial Court as to whether Md. Wali had two wives or one wife it did not at all advert to the reasoning of the trial Court and as such committed an error of law. He further submitted that Exts. e and e(1) being deposition of the witnesses in a suit is publi..

Category: Property Law | Date: | Hits: 103

State Vs. Mohammad Salim, 2010, 39 CLC (HCD)

....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......me lady guests. He again went there at 4.00 PM and was entertained and thereafter he had been watching TV. After taking their dinner at 9.30 PM the accused person insisted her to return back home and accordingly, she with her daughter and son came back to her residence at 10.00 PM by a rickshaw. The......n J State...........Petitioner Vs. Mohammad Salim ……………………Condemned Prisoner Judgment January 18, 2010. Result: The Death Reference is accepted. Cases Referred to- Vasant Laxman More Vs. State of Maharashtra, AIR 1974 (SC) 1697; Sheikh Ayub Vs. State of Mah...... Ali in his evidence stated that hearing hue and cry went to place of occurrence and tried to enter into the room but failed as the door was closed. Later one Belal on the permission of the mother-in-law of the landlady going to roof top and opening the tin entered the room and opened the door. Then..

Category: Criminal Law | Date: | Hits: 118

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91.......the company itself will be prejudiced. 11. Mr. Mahmudul Islam, learned Advocate appearing on behalf of respondent No. 3, on the other hand, submits that the petitioner has already demat the shares according to the direction of SEC and that it also undertook to appear before the SEC to explain its......ank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discharged. Cases Referred to- Ghulam Zamin Vs. AB Khondkar, 16 DLR 486. Lawyers Involved: Syed Mahmudul Ahsan, Advoca......xchange Ordinance, 1969 as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company..

Category: Business or Commercial Law | Date: | Hits: 237

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